The trademark LB FOSTER was filed by L.B. Foster Company, a U.S. corporation (the "Applicant"). The application was published for oppositions on December 16, 2013, and received one opposition filed on March 16, 2014 by H.B. Fuller Construction Products Inc. on (a) Likelihood of confusion, (b) Earlier non registered TM & right to prohibit use of later TM under national law. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 16, 2014
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The renewal of the trademark was recorded by the office on November 5, 2023.
Change of name and professional address of the trademark registration was recorded on October 6, 2014. Appointment and Replacement of representative of the trademark registration was recorded on June 15, 2017. Change of name and professional address of the trademark registration was recorded on October 2, 2017. Appointment and Replacement of representative of the trademark registration was recorded on June 19, 2019. Change of name and professional address of the trademark registration was recorded on October 20, 2019. Appointment and Replacement of representative of the trademark registration was recorded on June 18, 2020. Deletion of the representative of the trademark registration was recorded on January 7, 2021. Appointment and Replacement of representative of the trademark registration was recorded on February 8, 2021. Change of name and professional address of the trademark registration was recorded on January 9, 2024.
Goods And Services
The mark was filed in class 1 with Chemical compounds for decomposition of organic material.
The mark was filed in class 4 with Industrial and vehicular lubricants and friction modifiers for use in railway systems..
The mark was filed in class 6 with following description of goods:
Metal pipes and tubes
Bindings of metal
Non-electric cable joints of metal
Iron strip
Harness of metal for load handling
Metal posts and poles
Metal box beams
Rails of metal
Metal casings
Metal downspouts
Steel
Rolled steel
Steel plates and sheets
Steel rails
Steel rods
Steel coils
Steel bars
Stainless steel tubes
Zinc-coated steel sheets
Plated steels
Galvanized steel sheets
Steel piling
Steel pipe piling
Steel grid flooring
Bridge and highway railing of metal
Metal guard rails, sheet piling
Metal expansion joints for bridge decks
Metal building materials
Steel frames for buildings
Materials of metal for railway tracks and railway construction
Loading gauge rods, of metal, for railway wagons
Railway material of metal
Railway points
Railway sleepers of metal
Railway switches
Railway turntables
Polyurethane encapsulated metal insulated rail joints and tie plates
Insulated metal rail joint components
Materials of metal for railway construction, namely, mine rail, heavy haul and commuter railway rail, rail ties, preassembled rail panels, rail turnouts, rail anchors, rail frogs, rail fasteners, rail switches, railway crossovers, rail braces, rail guard rails, rail joints, insulated rail joints
Parts and fittings for all the aforesaid goods.
The mark was filed in class 7 with following description of goods:
Machine tools
Electric machines and apparatus for cleaning, lifting and hoisting apparatus cranes
Railway maintenance products
Car puller systems comprising locomotive drop tables, car jacking systems, car retarders
Crane jibs
Degreasing machines
Jacks (machines)
Rail-laying machines
Railway constructing machines
Lubricating machines for railway rail and flange
Lubricating machines for railway signals and railway rolling stock
Hydraulic railway car lifts for raising and lowering railway rolling stock
Parts and fittings for all the aforesaid goods.
The mark was filed in class 9 with following description of goods:
Signalling apparatus and instruments for railway use
Electric installations for the remote control of industrial operations
Electro-dynamic apparatus for the remote control of railway points
Railway signals devices
Electric monitoring railway traffic safety appliances
Electro-dynamic apparatus for the remote control of signals
Electronic devices for use in measuring surface friction on railway tracks
Sensors, transmitters, microprocessors and display devices which detect, analyse and report the temperature, stress and/or related properties in an installed railway track
Parts and fittings for all the aforesaid goods.
The mark was filed in class 19 with following description of goods:
Building materials, not of metal, none being bituminous coatings, asphaltic coatings, tar derived coatings, liquid plastics surface coatings, bituminous sealants, asphaltic sealants, tar derived sealants, liquid plastics surface sealants
Buildings, not of metal
Prefabricated transportable buildings, not of metal
Construction materials, not of metal, none being bituminous coatings, asphaltic coatings, tar derived coatings, liquid plastics surface coatings, bituminous sealants, asphaltic sealants, tar derived sealants, liquid plastics surface sealants
Fences and fencing rails, not of metal
Gates, not of metal
Girders, not of metal
Huts
Masts, posts and poles, not of metal
Pilings, not of metal
Rigid pipes, not of metal
Prefabricated platforms, not of metal
Railway ties, not of metal
Railway sleepers, not of metal
Non-luminous and non-mechanical signs
Slabs, not of metal
Parts and fittings for all the aforesaid goods.
The mark was filed in class 37 with following description of goods:
Supervision, consultancy and project management services relating to the construction, repair and maintenance of buildings, railways and railway rolling stock
Construction services
Rental of construction equipment
Installation and repair of buildings, railways and railway rolling stock
Rental of cranes
Pipe processing services, namely, applying protective coating to pipes
Rental services involving the rental to third parties of steel sheet piling, pipe piling, h-bearing piles, lightweight piling, and pile hammers and extractors all for construction purposes
Track removal services, namely the taking up and removal of rails, ties, plates and rail fastening systems
Information and advisory services relating to the foregoing.
The mark was filed in class 40 with following description of goods:
Pipe processing services, namely, custom manufacture of pipe, pipe valves and fittings therefor to the order and/or specification of others